Terms of use

1. TERMS

Accelario Software Ltd. (“Accelario”, “we”, “us” or “our”) is a provider of its proprietary data migration software, named Accelario DataOps Suite (the “Software”). This is our website at www.accelario.com (this/the “Website”).  By accessing, browsing and/or using the Website, you (“You”) acknowledge that You have read and agree to be bound by these Terms of Use (these/the “Terms”) and our Privacy Policy, found at accelario.com/privacy-policy/ (the “Privacy Policy”), which is incorporated herein by reference and made an inseparable part of these Terms. If You do not agree to these Terms, then please cease using this Website immediately.

2. ELIGIBILITY

You acknowledge that You are 18 years of age or older.

You further confirm that You are fully able and competent to enter into, and comply with, the terms, conditions, obligations, undertakings, covenants, affirmations, representations, and warranties set forth in these Terms.  

3. PRIVACY POLICY

We value Your privacy. We may process information from time to time about You and the users of the Website in accordance with the Privacy Policy and subject to applicable laws. By using this Website, You agree to the Privacy Policy.

 4. CHANGES

Changes to these Terms

Accelario reserves the right, in its sole discretion, to amend these Terms, including, without limitation, to change, modify, add to, update or remove terms and conditions, at any time and without prior notice.

By continuing to use the Services after we have posted an updated version of the Terms, You are affirming that You agree to be bound by the amended Terms. If the Terms or amended Terms are not acceptable to You, your only recourse is to stop using the Website.

5. USER CONDUCT GUIDELINES

Users may not:

  • access, copy, store or use any aspect of the Website for any purpose;
  • distribute, disclose, publish, sell, rent or otherwise expose any aspect of the Website to any third party for any purpose;
  • prepare derivative works from the Website or the website;
  • share your user credentials (user name, ID and password) or transfer your account to any person, without our prior written consent;
  • circumvent our systems, policies, determinations as to your account status, including, without limitation, by attempting to access or use this Website, if Your account has been suspended or cancelled or You have otherwise been temporarily or permanently prohibited or blocked from using the Website;
  • access, search, collect information from, or otherwise interact with this Website, whether by manual methods or by use of any software, device, script or robot, or by any other means (automated or otherwise), including, without limitation, by “scraping,” “crawling” or “spidering” this Website, to systematically retrieve content in order to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like (except that crawling is permissible without further authorization if done in accordance with the provisions of the robots.txt file only);
  • access this Website, other than through the currently available, published interfaces that are provided by Accelario, unless You have been specifically authorized to do so in a separate written agreement signed with Accelario;
  • mirror or frame any page, feature, functionality, tool or content in this Website, copy any aspect of this Website, or use or display Accelario’s name or any of Accelario’s other trademarks, logos or proprietary materials, without Accelario’s express prior written consent;
  • interfere with, disrupt, damage or compromise this Website or Our systems or the access of any user, host or network in any way, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology or by overloading, flooding, spamming, mail-bombing this Website or otherwise imposing an unreasonable or disproportionately large load on this Website;
  • access, tamper with or use non-public areas of any of this Website, Accelario’s computer systems or the technical delivery systems;
  • probe, scan, or test the vulnerability of any system or network of Accelario, or breach or circumvent any security or authentication measures of such system or network;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Accelario or any other third party to protect this Website;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the code or software used to provide this Website;
  • otherwise abuse this Website or breach the Terms; or
  • attempt to do any of the foregoing, or advocate, encourage, assist or permit any third party to do any of the foregoing.

6. INTELLECTUAL PROPERTY RIGHTS & LICENSES

The Services

This Website and all features, functionality, tools and content thereof, are protected by copyright, trademark, patent and other laws of Israel and other countries. You acknowledge and agree that this Website and all intellectual property rights therein are the exclusive property of Accelario and/or its licensors. You will not remove, alter or obscure any copyright, trademark, service mark, patent marking or other proprietary rights notices incorporated in or accompanying this Website.

Without limiting the foregoing, You acknowledge and agree that the trade names, logos and other trademarks and service marks associated with Accelario (the “Accelario Marks”) are the property of Accelario and that You are not permitted to use the Accelario Marks without Our prior written consent.

Subject to your compliance with the Terms, Accelario grants You access to this Website.

You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality, tools or content of the this Website in any form or by any means, or sublicense the rights granted in the Terms.

This foregoing grant of access is subject to modification or revocation at any time at Accelario’s sole discretion.

No licenses or rights are granted to You by implication or otherwise under these Terms.

7. THIRD PARTY TERMS

Third Party Charges and Mobile Alerts

You are solely responsible for any fees or charges incurred to access this Website through an Internet access provider or other third party, including, without limitation, data charges incurred if You are not connected to Wi-Fi access, charges to receive SMS messages or other mobile access, which may be billed to You or deducted from your prepaid balance by Your mobile provider. You agree that Accelario is not liable in any way for any third party charges.

Links to Third Party Websites and Services

This Website may provide links to third-party websites, resources or services. You acknowledge and agree that Accelario is not responsible or liable for (i) the availability, terms or practices of such websites, resources or services, or (ii) the content, products or services available on or through such websites, resources or services, including, without limitation, that any information provided is complete, accurate or up-to-date. Links to such websites, resources or services do not imply any endorsement by Accelario of such websites, resources or services or the content, products or services available on or through such websites, resources or services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, resources or services or the content, products or services available on or through such websites or services.

We will not be responsible or liable for any damage or harm resulting from Your interactions with such websites or services, or the content, products or services available on or through such websites or services.

8. WARRANTIES, DISCLAIMERS, LIMITATION OF LIABILITY & INDEMNIFICATION

Warranties by Users

You represent and warrant to Accelario that:

You have the power and authority to accept and agree to the Terms, and

all account information provided by You will be complete, accurate and up-to-date when provided, and updated as necessary to ensure that it remains complete, accurate and up-to-date.

Disclaimers

THE WEBSITE AND/OR ACCESS TO THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE MANDATORY LAW, ACCELARIO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE WEBSITE, OR THAT USE OF THIS WEBSITE OR SOFTWARTE WILL BE UNINTERRUPTED OR ERROR FREE AND/OR WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY CONTENT.

ACCELARIO MAKES NO REPRESENTATION, WARRANTY OR COVENANT THAT THIS WEBSITE WILL ACHIEVE ANY EFFECT, IMPROVEMENT OR OUTCOME.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE MANDATORY LAW:

  • THE ENTIRE RISK ARISING OUT OF OR RELATING TO YOUR USE OF THIS WEBSITE IS AND REMAINS WITH YOU.
  • WITHOUT LIMITING THE FOREGOING, ACCELARIO DISCLAIMS ANY AND ALL LIABILITY RELATED TO (I) YOUR USE OF OR INABILITY TO USE THIS WEBSITE, (II) THE ACTS OR OMISSIONS OF ANY PERSON(S) WITH WHOM YOU MAY COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THIS WEBSITE, AND (III) ANY CONTENT ACCESSED OR VIEWED IN CONNECTION WITH THE USE OF THIS WEBSITE.
  • YOU ACKNOWLEDGE AND AGREE THAT THE ACCESSING AND USING THE THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU AND HEREBY RELEASE ACCELARIO AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY OF THE FOREGOING.
  • IN NO EVENT WILL ACCELARIO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH ANY OF THE FOREGOING, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ACCELARIO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
  • ACCELARIO’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND/OR THIS WEBSITE SHALL NOT EXCEED THE AGGREGATE FEE YOU SHALL ACTUALLY PAY ACCELARIO FOR THE USE OF THE WEBSITE AND $100.
  • We will have no liability in connection with any content whatsoever on the Website and any use thereof shall be at Your responsibility and risk only.
  • You shall indemnify Us for any damages resulting from Your use of this Website.

9. GOVERNING LAW & DISPUTE RESOLUTION

 Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the State of Israel, without regard to conflict of law principles.

Jurisdiction and Venue

You and Accelario agree that any and all disputes will be brought in the competent courts located in Tel Aviv – Jaffa, Israel, and each agrees that such courts shall have exclusive jurisdiction and venue for any such actions. You hereby consent to service of process by email, text, or other manner of services that is reasonably calculated to provide You with actual notice of any legal proceedings.  Accelario may seek injunctive or other equitable relief for breach of these Terms in any court of competent jurisdiction wherever located. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

10. MISCELLANEOUS

Entire Agreement

These Terms and our Privacy Policy constitute the entire and exclusive understanding and agreement between You and Accelario regarding Your access to and use of this Website and supersede and replace any and all prior or contemporaneous oral or written understandings or agreements between You and Accelario regarding the subject matter hereof.

Assignment

You may not assign, transfer, delegate or sublicense any of your rights or obligations under these Terms, including by operation of law or merger or consolidation, without Our express prior written consent, which may be granted or withheld in Our sole discretion. Any attempted assignment, transfer, delegation or sublicense without the foregoing consent will be null and void. Accelario may assign, transfer, delegate and/or sublicense our rights and obligations under the Terms, in whole or in part, in its sole discretion, without restriction. Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to the Terms, form Accelario will be in writing and given by Accelario (i) via e-mail (in each case to the address that You provide), or (ii) by posting to the Website. For Accelario notices made by e-mail, the date on which such notice is transmitted will be deemed the date of receipt.

Waiver

Our failure to exercise any right or enforce any obligation under these Terms of Use or to take action with respect to a breach by You or others will not constitute a waiver of such right, obligation or breach. The waiver of any right, obligation or breach will be effective only if in writing and signed by a duly authorized representative of Accelario. In addition, no waiver granted by Us in any instance shall constitute a waiver by Us in any other instance.

Remedies

The exercise by Accelario of any of its remedies under the Terms will be without prejudice to its other remedies available under contract, at law, in equity or otherwise.

Headings

The headings in the Terms are for reference purposes only and do not limit or otherwise affect the meaning or interpretation of any of the provisions hereof.

Contact Us

If You have any questions or concerns, please contact Accelario at [email protected]